Us supreme court schedules full conference to discuss nj citizen suit

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US SUPREME COURT SCHEDULES FULL CONFERENCE TO DISCUSS NJ CITIZEN SUIT CHALLENGING OBAMA ELIGIBILITY
TUNE IN TO OVERNIGHT AM RADIO SHOW HERE TO LISTEN TO LEO DONOFRIO http://www.lanlamphere.com/audio/livejava.php...

THE UNITED STATES SUPREME COURT HAS SCHEDULED FOR FULL CONFERENCE, LEO DONOFRIO’S NJ CITIZEN SUIT CHALLENGING THE ELIGIBILITY OF MULTIPLE 2008 PRESIDENTIAL ELECTION CANDIDATES, INCLUDING BARACK OBAMA.

Today, the United States Supreme Court scheduled the case - Leo C. Donofrio v. Nina Mitchell Wells, Secretary of State of the State of New Jersey - US Supreme Court Docket No. 08A407 - for a conference of the nine Justices. The conference is a completely private affair and the public may not attend. If four of the nine Justices vote to hear the case in full, oral argument may be scheduled. The conference is scheduled for December 5, 2008, ten days before the meeting of the Electoral College.

The case originally sought, pre-election, to have the names of Barack Obama, John McCain, and Roger Calero removed from New Jersey ballots, and for a stay of the “national election” pending Supreme Court review of whether those candidates were eligible under the Constitution as natural born Citizens, as is required by Article 2, Section 1, Clause 5 of the Constitution of the United States.

Leo Donofrio brought his case from a lower New Jersey court to the NJ Supreme Court - was denied - and then he filed an emergency stay application in the United States Supreme Court on Nov. 3, 2008, before the Honorable Associate Justice David Souter. Justice Souter denied the emergency stay application on Nov. 6.

Leo Donofrio renewed the application, as per Supreme Court Rule 22.4, to the Honorable Associate Justice Clarence Thomas by way of Express mail on Nov. 14. The application arrived at the Supreme Court on Nov. 17 and was submitted directly to Justice Thomas.

On Nov. 19, the case was docketed for full conference of all nine Justices and scheduled for December 5, 2008.

No. 08A407

Title: Leo C. Donofrio, Applicant v. Nina Mitchell Wells, New Jersey Secretary of State

Docketed: Lower Ct: Supreme Court of New Jersey Case Nos.: (AM-0153-08T2 at the New Jersey Appellate Division without a docket number)

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The Real Reason Behind This Case---No Flamers, just sharing the news

This blog post below contains the single most controlling legal precedent establishing Senator Barack Obama's ineligibility to be President under the Constitution. So I am leaving this blog post at the top of the blog for the next few days. Please study its simple premise.)

Don't be distracted by the birth certificate and Indonesia issues. They are irrelevant to Senator Obama's ineligibility to be President. Since Barack Obama's father was a Citizen of Kenya and therefore subject to the jurisdiction of the United Kingdom at the time of Senator Obama's birth, then Senator Obama was a British Citizen "at birth", just like the Framers of the Constitution, and therefore, even if he were to produce an original birth certificate proving he were born on US soil, he still wouldn't be eligible to be President.


The Framers of the Constitution, at the time of their birth, were also British Citizens and that's why the Framers declared that, while they were Citizens of the United States, they themselves were not "natural born Citizens". Hence their inclusion of the grandfather clause in Article 2, Section 1, Clause 5 of the Constitution:


No person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution shall be eligible to the Office of President;


That's it right there. (Emphasis added.)

The Framers wanted to make themselves eligible to be President, but they didn't want future generations to be Governed by a Commander In Chief who had split loyalty to another Country. The Framers were comfortable making an exception for themselves. They did, after all, create the Constitution. But they were not comfortable with the possibility of future generations of Presidents being born under the jurisdiction of Foreign Powers, especially Great Britain and its monarchy, who the Framers and Colonists fought so hard in the American Revolution to be free of.


The Framers declared themselves not eligible to be President as "natural born Citizens", so they wrote the grandfather clause in for the limited exception of allowing themselves to be eligible to the Presidency in the early formative years of our infant nation.

But nobody alive today can claim eligibility to be President under the grandfather clause since nobody alive today was a citizen of the US at the time the Constitution was adopted.

The Framers distinguished between "natural born Citizens" and all other "Citizens". And that's why it's important to note the 14th Amendment only confers the title of "Citizen", not "natural born Citizen". The Framers were Citizens, but they weren't natural born Citizens. They put the stigma of not being natural born Citizens on themselves in the Constitution and they are the ones who wrote the Document.

Since the the Framers didn't consider themselves to have been "natural born Citizens" due to their having been subject to British jurisdiction at their birth, then Senator Obama, having also been subject to British jurisdiction at the time of his birth, also cannot be considered a "natural born Citizen" of the United States.

__________________________________________________________

Barack Obama's official web site, Fight The Smears, admits he was a British Citizen at birth. At the very bottom of the section of his web site that shows an alleged official Certification Of Live Birth, the web site lists the following information and link thereto:

FactCheck.org Clarifies Barack’s Citizenship

“When Barack Obama Jr. was born on Aug. 4,1961, in Honolulu, Kenya was a British colony, still part of the United Kingdom’s dwindling empire. As a Kenyan native, Barack Obama Sr. was a British subject whose citizenship status was governed by The British Nationality Act of 1948. That same act governed the status of Obama Sr.‘s children.

Since Sen. Obama has neither renounced his U.S. citizenship nor sworn an oath of allegiance to Kenya, his Kenyan citizenship automatically expired on Aug. 4,1982.”

That is a direct admission Barack Obama was a British citizen "at birth".

My law suit argues that since Obama had dual citizenship "at birth" and therefore split loyalties "at birth", he is not a "natural born citizen" of the United States. A "natural born citizen" would have no other jurisdiction over him "at birth" other than that of the United States. The Framers chose the words "natural born" and those words cannot be ignored. The status referred to in Article 2, Section 1, "natural born citizen", pertains to the status of the person's citizenship "at birth".


The other numerous law suits circling Obama to question his eligibility fail to hit the mark on this issue. Since Obama was, "at birth", a British citizen, it is completely irrelevant, as to the issue of Constitutional "natural born citizen" status, whether Obama was born in Hawaii or abroad. Either way, he is not eligible to be President. Should Obama produce an original birth certificate showing he was born in Hawaii, it will not change the fact that Obama was a British citizen "at birth".


Obama has admitted to being a British subject "at birth". And as will be made perfectly clear below, his being subject to British jurisdiction "at birth" bars him from being eligible to be President of the United States.


As I have argued before the United States Supreme Court, the 14th Amendment does not confer "natural born citizen" status anywhere in its text. It simply states that a person born in the United States is a "Citizen", and only if he is "subject to the jurisdiction" of the United States.

Article 2, Section 1, Clause 5 of the Constitution of the United States:

"No person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution shall be eligible to the Office of President; neither shall any Person be eligible to that Office who shall not have attained to the Age of thirty-five Years, and been fourteen Years a Resident within the United States."




The most overlooked words in that section are: "...or a Citizen of the United States, at the time of the Adoption of this Constitution..." You must recall that most, if not all, of the framers of the Constitution were, at birth, born as British subjects.

Stop and think about that.

The chosen wording of the Framers here makes it clear that they had drawn a distinction between themselves - persons born subject to British jurisdiction - and "natural born citizens" who would not be born subject to British jurisdiction or any other jurisdiction other than the United States. And so the Framers grandfathered themselves into the Constitution as being eligible to be President. But the grandfather clause only pertains to any person who was a Citizen... at the time of the Adoption of this Constitution. Obama was definitely not a Citizen at the time of the adoption of the Constitution and so he is not grandfathered in.

And so, for Obama or anybody else to be eligible to be President, they must be a "natural born citizen" of the United States "at birth". It should be obvious that the Framers intended to deny the Presidency to anybody who was a British subject "at birth". If this had not been their intention, then they would not have needed to include a grandfather clause which allowed the Framers themselves to be President.


If you click through to Factcheck.org, a more detailed discussion as to why Obama was a British citizen at birth explains the relevant statutes:

"When Barack Obama Jr. was born on Aug. 4,1961, in Honolulu, Kenya was a British colony, still part of the United Kingdom's dwindling empire. As a Kenyan native, Barack Obama Sr. was a British subject whose citizenship status was governed by The British Nationality Act of 1948. That same act governed the status of Obama Sr.'s children:


British Nationality Act of 1948 (Part II, Section 5): Subject to the provisions of this section, a person born after the commencement of this Act shall be a citizen of the United Kingdom and Colonies by descent if his father is a citizen of the United Kingdom and Colonies at the time of the birth.

In other words, at the time of his birth, Barack Obama Jr. was both a U.S. citizen (by virtue of being born in Hawaii) and a citizen of the United Kingdom and Colonies (or the UKC) by virtue of being born to a father who was a citizen of the UKC.' "




The article goes on to state that Obama's British citizenship was transferred to Kenya as Kenya became independent from the UK and that Obama's Kenyan citizenship expired when he turned 21 years old. But none of that is relevant since the Constitution requires that every President be a "natural born citizen". The word "born" is proof positive that the status must be present "at birth". If this were not the case, then, as stated above, the Framers would not have needed to put in a grandfather clause.


The Framers recognized that even they were not "natural born citizens" and so they wrote the grandfather clause in to allow any of them to become President. But the grandfather clause only pertains to those who were Citizens at the time of the Constitution's adoption. And so, Barack Obama is not a "natural born citizen" of the United States and neither is John McCain who was born in Panama, and neither is Roger Calero who was born in Nicaragua.




http://www.blogtext.org/naturalborn...OBAMA+ADMITS+HE+WAS+BRITISH+CITIZEN+AT+BIRTH+
 
Bloggers like http://www.therightsideoflife.com/?p=745 say stupid stuff . . . like . . .
"To be a “natural born citizen” there must be nothing unnatural about your citizenship “at birth”. Natural, in this context, means to be unencumbered by the laws of any other nation."
Bloggers - or Congress for that matter - can make up any concocted definition they want, but it does not change the US Constitution.

The "natural born" citizen clause of US Const. Art II,1. most definitely means "native-born" citizen, as the Supreme Court has already stated in prior written opinion.

Obama was born in the United States in Honolulu - John McCain was born in Panama, and as a foreign born citizen McCain can never be eligible for President or Vice-President.
 
Obama was born in the United States in Honolulu - John McCain was born in Panama, and as a foreign born citizen McCain can never be eligible for President or Vice-President.

I have said that many times about McCain, and people still don't understand that the 14th amendment did not amend the qualifications for president or it would have included the redaction in the amendment.
 
If Obama was determined to be ineligible to be president, what do you believe would happen? Would there be riots in the street? If McCain was determined to be eligible and the win given to him, dems would really be yelling about the election being stolen!!! How would this be resolved?


FF
 
Bloggers like http://www.therightsideoflife.com/?p=745 say stupid stuff . . . like . . .
"To be a “natural born citizen” there must be nothing unnatural about your citizenship “at birth”. Natural, in this context, means to be unencumbered by the laws of any other nation."
Bloggers - or Congress for that matter - can make up any concocted definition they want, but it does not change the US Constitution.

The "natural born" citizen clause of US Const. Art II,1. most definitely means "native-born" citizen, as the Supreme Court has already stated in prior written opinion.

Obama was born in the United States in Honolulu - John McCain was born in Panama, and as a foreign born citizen McCain can never be eligible for President or Vice-President.

When McCain was born what was his citizenship at birth?
 
six of one, half dozen of the other?

duplicate of #8

lynn
 
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six of one, half dozen of the other?

I'm not so sure this is good news -- I think Berg's suit would be better and this one may have loopholes - which may be why they picked it.
I hope that might be made up for by the amicus (friend of the court) briefs.

lynn
 
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How would McCain take the Presidency if Obama were found to be ineligible?? McCain never received enough electoral votes so wouldn't it be Joe Biden who would take the oath of office and assume presidency since HE was elected with the necessary electoral votes?? (assuming the electoral college follows the results of November 4th)
 
watch the p's and q's

How would McCain take the Presidency if Obama were found to be ineligible?? McCain never received enough electoral votes so wouldn't it be Joe Biden who would take the oath of office and assume presidency since HE was elected with the necessary electoral votes?? (assuming the electoral college follows the results of November 4th)

succession rules only come into effect after they take office, which they haven't yet.

McCain could possibly take it if the Congress doesn't certify the vote, then the House would elect the President and the Senate would elect the Vice-President. Since they are both controlled by Democrats, it's hard to imagine McCain winning it, but stranger things have happened.

if the vote is certified by Congress and Obama is held ineligible, how many electoral votes does Biden have for President? 0 And how many does McCain have? what was it, 170?

lynn
 
I'll believe all of this when I see it. I see links from past months of the Supreme Court having these cases filed and nothing happened. Why get excited about this one?? It's not going to happen.
 
I'll believe all of this when I see it. I see links from past months of the Supreme Court having these cases filed and nothing happened. Why get excited about this one?? It's not going to happen.

You won't have to wait long, we'll know by 12-15.
 
When McCain was born what was his citizenship at birth?

Yes, by statute - a derived citizenship from statute - a "statutory" citizen to use language from prior written Supreme Court opinions.

But definitely McCain is not a native born citizen.
 
McCain could possibly take it if the Congress doesn't certify the vote, And how many does McCain have? what was it, 170?

What a stretch . . . but even in that ridiculous scenario McCain does not have the 271 - so it would go to the House.

The electoral colleges meet on December 15, but their vote is not known until it is counted on January 8.
 
How would McCain take the Presidency if Obama were found to be ineligible?? McCain never received enough electoral votes so wouldn't it be Joe Biden who would take the oath of office and assume presidency since HE was elected with the necessary electoral votes?? (assuming the electoral college follows the results of November 4th)

I believe that if anything were to happen to Obama between now and Jan 20th that would make him ineligible to serve as president. (death,not a citizen etc) that Congress would vote for the next president.
 
I'm not so sure this is good news -- I think Berg's suit would be better and this one may have loopholes - which may be why they picked it.
I hope that might be made up for by the amicus (friend of the court) briefs.

lynn

This is what I am afraid of also. They picked this one not the Berg one because it is less likely to win.
 
If, for some reason, the Supreme Court actually rules with the Constitution (ground breaking stuff there), they would probably then proceed to rule against it by ordering that a new election be held with the parties having to nominate a whole new set of candidates for President and Vice-President.

It would be a "Constitutional Crisis," so breaking the Constitution is almost necessary.
 
My prediction: Either they'll throw it out, or sweep it under the rug some other way. Very little or no media attention. Obama will take the oath of office. Life will be peachy.
 
if wishes were horses.....

I'll believe all of this when I see it. I see links from past months of the Supreme Court having these cases filed and nothing happened. Why get excited about this one?? It's not going to happen.

because this one seems like it might actually be heard by the Supreme Court, if the accounts are correct about it being scheduled.

lynn
 
succession rules only come into effect after they take office, which they haven't yet.

McCain could possibly take it if the Congress doesn't certify the vote, then the House would elect the President and the Senate would elect the Vice-President. Since they are both controlled by Democrats, it's hard to imagine McCain winning it, but stranger things have happened.

if the vote is certified by Congress and Obama is held ineligible, how many electoral votes does Biden have for President? 0 And how many does McCain have? what was it, 170?

lynn

Wouldn't the ticket still retaint he votes? Wouldn't Obama just be disqualified and forced to give the top spot to Biden?
 
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